Menifee Zoning Code Ch. 9.250 Alcoholic Beverages Sales, Consumption and manufacturing

Contents:

9.250.010 Purpose

9.250.020 Applicability

9.250.030 Permit Required

9.250.040 Findings of Public Convenience or Necessity

9.250.050 Alcoholic Beverage Sales

9.250.060 Alcoholic Beverage Manufacturing

The purpose of this chapter is to establish standards for businesses engaged in alcoholic beverage sales, consumption and manufacturing uses as defined in this Title and as may be otherwise defined in Article 6 of this Title in order to protect the health, safety and general welfare of the public. This chapter establishes reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales, consumption and manufacturing uses within the city.

The requirements of this chapter apply to all alcohol sales, service and manufacturing uses.

1. No person, association, partnership or corporation shall conduct, establish or advertise any alcoholic beverage sales or manufacturing use in the City of Menifee without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of Title 9, Article 3 (Zones), the Tables of Allowed Uses and Approval Requirements, and this Chapter 9.250.

2. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcoholic Beverage Control.

3. Grocery stores, drugstores, specialty markets and discount/department stores in excess of 20,000 square feet (“primary uses”) may offer the incidental sale of beer, wine, and distilled spirits as a permitted use.

4. Restaurants (bona fide eating establishments), if properly licensed, are permitted to serve beer and wine as a matter of right, but are subject to obtaining a Conditional Use Permit to offer, sell or serve distilled spirits.

5. Establishments with on-site alcohol beverage sales and consumption that are not bona fide eating establishments (i.e., comedy club, nightclub, dance club, bar, tasting rooms) shall be subject to the approval of a Conditional Use Permit.

6. The following activities are exempt from the requirements of this chapter:

7. Any special event for which a permit has been issued by the City, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all applicable ABC licenses are obtained.

8. Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

The Planning Commission shall make a finding of public convenience or necessity prior to the California Department of Alcoholic Beverage Control granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses (more than 1 per 1,250 persons per census tract) or if the granting of the retail liquor license would cause a census tract to have an undue concentration. (Bus. & Prof. Code, § 23817.5) The Planning Commission must find that:

1. The proposed use is consistent with the General Plan and development code.
2. The proposed use is compatible with the nature, condition and character of adjacent land uses.
3. The proposed use would not have an adverse effect on adjacent land uses.
4. The proposed use would not result in an excessive number of similar establishments in close proximity.
5. The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals or welfare.
6. Notice of hearing shall be given to all owners of property within 1,000 feet of the subject facility, to any elementary school or secondary school district within whose boundaries the facility is located and to any public entity operating a public park or playground within 1,000 feet of the subject facility. The Community Development Director may require that additional notice be given, in a manner the Director deems necessary or desirable, to other persons or public entities.

1. Liquor stores, convenience stores, service stations or other facilities (except grocery stores or drugstores) selling alcohol for off-site consumption shall not be located within 600 feet as measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution (K-12), day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones.

2. There shall be only one facility exclusively selling alcohol for off-site consumption in a shopping center or strip mall, except with Planning Commission approval of a Conditional Use Permit.

3. A retail facility that has as its primary or principal use sales consisting of alcohol and/or liquor products for off-site consumption may not be located closer than 1,000 feet from a similar retail facility, except with Planning Commission approval of a Conditional Use Permit -.

4. The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:

5. Only beer and wine may be sold.

6. The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters.

7. No displays of alcoholic beverages shall be located within 5 feet of any building entrance or checkout counter.

8. No alcoholic beverage advertising shall be located on gasoline islands. No lighted advertising for alcoholic beverages shall be located on the exterior of buildings or within window areas.

9. Employees selling alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age.

10. Alcoholic beverages shall be sold from, or displayed in, the main, permanently affixed coolers only.

11. No sale of alcoholic beverages shall be made from a drive-through window.

1. Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations.
2. Restaurants (bona fide eating establishments) with alcoholic beverage manufacturing on-site as an incidental use shall not be subject to the provisions of this section.
3. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.
4. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a Temporary Use Permit for a special event, or services outside of regular hours.
5. On-site alcohol sales shall be limited to product manufactured on-site.
6. There shall be no admission fee, cover charge or minimum purchase required.
7. The retail area, including the tasting room, shall not exceed 25 percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.
8. In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed 50 percent of the total allowable retail area unless approved by the Planning Commission. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: “No alcohol allowed past this point.”
9. All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building.
10. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 9.215 (Parking and Loading Standards) of the Menifee Zoning Code. For the purposes of calculating parking, the brewing/distilling areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered restaurant.
11. There shall be no live entertainment, DJs or amplified sound on the alcoholic beverage manufacturer’s licensed premises at any time without issuance of a Conditional Use Permit or Temporary Use Permit.
12. The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion.
13. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer’s licensed premises during the hours of darkness as set forth in Chapter 9.205 (Lighting Standards) of the Menifee Zoning Code.
14. A security plan in a form satisfactory to the Menifee Police Department shall be submitted to and approved by the Menifee Police Department. The security plan shall be formulated to deter loitering and unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer’s licensed premises.